London, 4th June 2024 — The main conference of London International Disputes Week (LIDW) 2024 kicked off today with a remarkable turnout, featuring over 7,000 registrations from nearly 100 jurisdictions. This year’s theme is “Uniting for Global Challenge and Opportunity,” displaying London’s pivotal role in international dispute resolution and its commitment to diversity, inclusion, and the rule of law.
Keynote Speech by Rt Hon. the Baroness Carr of Walton-on-the-Hill, Lady Chief Justice of England and Wales
The conference began with a keynote speech by the Rt Hon. the Baroness Carr of Walton-on-the-Hill, Lady Chief Justice of England and Wales, who spoke on the need for integrating negotiation, arbitration, and litigation, and stated, “Where disputes are concerned, the perfect triumvirate are those forms of dispute resolution that are centred on negotiation, arbitration, and litigation.” She highlighted London’s expertise in these fields, mentioning CEDR, the Society of Mediators, and renowned mediators like Bill Marsh. Additionally, she pointed out the significance of the Arbitration Act 1996 and its upcoming reforms, remarking, “That Act was set to be reformed this year further to the Law Commission’s excellent work.”
Baroness Carr also discussed the cross-fertilization of expertise among dispute resolution professionals, stating, “Cross-fertilisation — uniting that experience — will inevitably become more important over the next decade.” She cited the recent Court of Appeal decision in Churchill v Merthyr Tydfil County Borough Council, which confirmed the power to mandate the use of ADR by parties to litigation, as a pivotal development.
She further commented on how a united approach could prove beneficial towards the development of the field of arbitration around the World.
“There seems no reason why the Courts, arbitral centres and the mediation providers cannot come together in this way. If we unite in this way, are we not likely to be better placed to thrive in the face of global challenges and to take advantage of future opportunities.”
Session 1: Risk & Reputation in a Values-Driven World
This session explored the challenges faced by organizations in balancing sustainability and ESG objectives while protecting their position in disputes. Moira Thompson Oliver, Head of Business and Human Rights at Slaughter and May, chaired the session. Panellists included Nicola Cobb, Senior Managing Director at FTI Consulting; Shaheed Fatima KC, Barrister at Blackstone Chambers; and Simon Mundy, Moral Money Editor at the Financial Times. The discussion focused on advancing sustainability, managing reputational risks, and the importance of public opinion in the justice system.
Shaheed Fatima pointed out, “ESG litigation is not just about climate change but also includes supply chains and many other issues.” She further added “Strategic litigation depends on which spectrum one is.”
Session 2: How to Think About Artificial Intelligence in Law
Delegates attended an engaging session on the impact of AI on law, chaired by Minesh Tanna, Partner, Disputes and Investigations, Global AI Lead at Simmons & Simmons LLP. The session featured an exclusive recorded address by Professor Richard Susskind OBE KC (Hon) on how AI is transforming dispute resolution. He remarked, “The prediction of short-term impact of AI is overstated and long-term impact is understated.”
Following his address, a panel discussion included Stephen Dowling, Director of TrialView; Racheal Muldoon, Barrister at Maitland Chambers; and Jonathan White, Solutions Architect at Epiq.
Stephen Dowling spoke on the importance of public trust in AI, stating, “The justice system is dependent on public trust, and trust is vital, hence, generations need to build the trust on AI.”
Session 3: Exploring the Global Landscape for Enforcement of Judgments and Awards
Chaired by Justice Henshaw, Judge of the English Commercial Court, this session delved into cross-border judgment and award enforcement issues. Panellists included James E. Berger, Partner at DLA Piper; Jennifer Craven, Legal Director at Pinsent Masons LLP; and Ali Al Hashimi, Managing Partner at Global Advocacy and Legal Counsel.
Ali Al Hashimi provided insight on asset reservation in UAE, adding “Dubai Courts have new approach towards enforcement where Judge can see history of the judgment debtor with respect to his assets etc.”
Jennifer Craven provided insights on strategic enforcement, advising, “If you have obtained a relief, consider for an asset preservation, etc.”
The panellists discussed the implications of recent legal developments and shared best practices for navigating enforcement challenges post-Brexit. She further added,
“Post Brexit, lot of people were sceptical about the situations but there has not been lot of impediments.”
Fireside Chat: Resolving Disputes Involving States and State Entities
A highly anticipated fireside chat featured Julia Gillard AC, former Prime Minister of Australia and Partner at Datrys Mediation, and Lord (Peter) Goldsmith KC, Partner at Debevoise & Plimpton and Former UK Attorney General. The discussion focused on the unique challenges and strategies involved in resolving disputes with States and State entities.
Session 4: Disputes funding: Predictions for the future
This panel discussed the challenges and opportunities prevalent fin the funding market in the UK, EU, and beyond, and further also examined their implications for organizations seeking disputes finance or facing funded claims. Julian Chamberlayne, Risk and Funding Partner and Head of the Cost and Funding team at Stewarts, chaired the panel. Other notable participants included Mrs. Justice Cockerill, Judge, English Commercial Court; Helen Fairhead, Partner at Norton Rose Fulbright; and Tom Goodhead, Chief Executive Officer, and Global Managing Partner at Pogust Goodhead.
Under the Chatham House Rule, senior in-house lawyers discussed whether available dispute resolution tools and practices met clients’ needs in today’s international business environment. The session featured insights from Campbell Jackson, Partner and Global Claims & Disputes Leader at Forensic & Integrity Services, EY; Suber Akther, Principal Litigation Counsel at Siemens Energy Limited; David Connolly, Head of Legal, Compliance and Litigation for Europe & IMEA at IHG Hotels & Resorts; and Sapfo Constantatos, Senior Legal Counsel for Disputes and Government Investigations at Standard Chartered Bank.
The day concluded with a keynote speech by Meg Kinnear, Secretary-General of ICSID and Vice-President of the World Bank. She discussed the evolving landscape of international dispute resolution and the importance of global cooperation, stressing the role of innovation and collaboration in addressing future challenges.
SCC Times reached out to Ben Giaretta, Chair LIDW, for his views on how a pro-litigation country like India can promote the adoption of Alternative Dispute Resolution mechanisms, to which he said “ I think ADR can be promoted in both a “top down” and “bottom up” way. The Government of India should follow the lead of the Government of Singapore and provide a strong direction to the growth of ADR within India. This is likely to involve visible support for Alternative Dispute Resolution, via promotions an arbitral institution and/or such events as arbitration conferences. In addition to this, ADR will grow as a result of education, training junior and senior practitioners to be not just comfortable in ADR practices but world-leading. I am on the Board of Trustees of the Chartered Institute of Arbitrators (CIArb), and I very much recommend the training courses run by the CIArb India Branch.’
LIDW 2024 continues throughout the week with more sessions and events, furthering discussions on International Dispute Resolution.
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